PRCA-260052_Bid_Document.pdf

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BID COVER

Office of Procurement and Contracts Management

(352) 334-5021(main)

Issue Date: 7/14/26

INVITATION TO BID: # PRCA-260052-WB

Depot Park Playground Resurfacing Projects

PRE-BID MEETING: ☐ Non-Mandatory ☒ Mandatory ☐ N/A ☒ Includes Site Visit DATE: Monday, July 27, 2026 TIME: 8:30 am LOCATION: Depot Park Pavilion on NE side of park, 200 SE Depot Ave., Gainesville FL 32601

QUESTION SUBMITTAL DUE DATE: Monday, August 3, 2026

All meetings and submittal deadlines are Eastern Time (ET).

DUE DATE FOR UPLOADING BID RESPONSE: Monday, August 10, 2026 @ 3:00pm

SUMMARY OF SCOPE OF WORK:

The City of Gainesville, Florida is seeking a Contractor or Contractors to replace the synthetic turf and Pebbleflex- or similar- resilient surfacing at its Depot Park Playground, adjacent to its splashpad. Work to be completed and approved by 9/23/26.

Submit all questions within the bidding platform.

Bidder is not in arrears to City upon any debt, fee, tax or contract: Bidder is NOT in arrears Bidder IS in arrears Bidder is not a defaulter, as surety or otherwise, upon any obligation to City: Bidder is NOT in default Bidder IS in default

If this solicitation was received from sources other than City of Gainesville’s OpenGov.com platform, then it is bidder’s responsibility to access City’s platform for issued addenda in order to submit a responsible and responsive offer. Uploading an incomplete document may deem the offer non-responsive, causing rejection.

ADDENDA ACKNOWLEDGMENT: Prior to submitting my offer, I have verified that all addenda issued to date are considered as part of my offer: Addenda received (list all) #______________________________________

Legal Name of Bidder:__________________________________________________________________________

DBA: _______________________________________________________________________________________

Authorized Representative Name/Title: ____________________________________________________________

E-mail Address: _______________________________________ FEIN: ______________________________

Street Address: _______________________________________________________________________________

Mailing Address (if different): ___________________________________________________________________

Telephone: (______) _______________________ Fax: (______) _______________________

By signing this form, I acknowledge I have read and understand, and my business complies with all General Conditions and requirements set forth herein; and, Bid is in full compliance with the Specifications.

Bid is in full compliance with specifications except as specifically stated and attached hereto.

SIGNATURE OF AUTHORIZED REPRESENTATIVE: ____________________________________________________

SIGNER’S PRINTED NAME: ____________________________________________ DATE: _______________________

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PART 1 – INVITATION TO BID INFORMATION

Thank you for your interest in working with the City of Gainesville.

Pertinent information and required documents regarding this bid as part of a responsive offer are listed below:

BID COVER

PART 1 – INVITATION TO BID INFORMATION

PART 2 – SCOPE OF WORK/SPECIFICATIONS

PART 3 – HOW TO SUBMIT A BID

PART 4 – BID PRICES

PART 5 – AWARD

PART 6 – GENERAL INFORMATION

PART 7 – SAMPLE CONTRACT

PART 8 – EXHIBITS

PART 9 – NO BID SURVEY

NOTE: The terms “bidder” and “proposer” are used interchangeably throughout this document.

1.1 DISTRIBUTION OF INFORMATION

The City posts and distributes information pertaining to its procurement solicitations through City’s OpenGov.com platform. .

In order to submit a bid response to this solicitation the bidder must be registered with this platform.

It is the responsibility of the bidder to monitor this platform. Properly registered bidders can expect to receive automatic notification of solicitations for bids and proposals. Bidder failure to retrieve available, required procurement information from this platform and include the appropriate documentation and information in solicitation responses may result in disqualification.

1.2 PRE-BID MEETING/QUESTIONS/CLARIFICATIONS AND BID OPENING

If scheduled (refer to Bid Cover Page), attending a pre-bid meeting is strongly recommended as the project’s scope of work, procedures, and specifications will be discussed at this time. It is the only time during the bid process that bidders may ask questions directly of the end user.

NOTE: For a bidder’s attendance of a mandatory pre-bid meeting to count, the bidder must sign-in before the Procurement Specialist calls the end of that meeting. If the bidder is not signed in by that time, they will be disqualified from bidding on the project. If the mandatory pre-bid meeting also includes a required site visit, then bidder must sign in, both at the pre-bid meeting, and again at the end of the site visit, in order to have their attendance count and not be disqualified from submitting a proposal.

NOTE: Failure to attend a mandatory pre-bid meeting will result in disqualification of your proposal.

If special accommodations are needed in order to attend a pre-bid meeting or a bid opening, please contact the Procurement and Contracts Management Department at least 72 hours in advance.

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All questions that occur outside of the pre-bid meeting must be submitted within OpenGov.com only, and must be received by the date indicated on the Bid Cover Page to be considered. Technical and/or specification questions will not be answered over the phone; they must be submitted within OpenGov.com(refer to Bid Cover Page). All questions will be answered via Addendum which will be posted on OpenGov.com for bidder access. All addenda must be acknowledged by the bidder on the Bid Cover Page.

***IMPORTANT NOTICE REGARDING BID OPENING***

Online viewing of bid openings are only held for construction. A tabulation document, listing bidder names, will be posted for interested parties.

All meetings and submittal deadlines are Eastern Time (ET).

1.3 PROHIBITION OF LOBBYING

To ensure fair consideration, consistent and accurate dissemination of information for all bidders, the City prohibits communication to or with any department, employee, or agent evaluating or considering proposals during the submission process, except as authorized by the Procurement and Contracts Management Department representative. Additionally, the City prohibits communication initiated by a bidder to any city official or employee evaluating or considering the proposals (up to and including the City Commissioners) before the time an award decision has been made. Any communication between bidder and the City required to obtain information or clarification for preparing a bid or to enable a proper, accurate evaluation of a proposal will be handled solely through the Procurement and Contracts Management Department staff. Any communications initiated between the bidder and the City outside these parameters may be grounds for disqualifying the offending bidder from consideration for award of the bid and/or any future bid.

1.4 CONE OF SILENCE

During the Cone of Silence as defined in the next paragraph, except as pursuant to an authorized appeal, no person may lobby (as defined in section 1.3) on behalf of a competing party in a particular procurement process, City officials or employees except the Procurement designated staff contact in the Procurement and Contracts Management Department. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred.

The Cone of Silence is the period between the issue date of the ITB, which allows for immediate submittals to the City of Gainesville’s Procurement and Contracts Management Department for an Invitation for Bid and the time the City Officials and Employee awards the contract.

1.5 MINIMUM QUALIFICATIONS

a) Qualifications The response to the minimum qualification requirements should address each of the qualifications set out in the section below. Bidders must provide documentation which demonstrates their ability to satisfy all of the minimum qualification requirements. Bidders who do not meet the minimum qualification requirements or who fail to provide supporting documentation will not be further considered. If a prescribed format, or required documentation for the response to minimum qualification requirements is stated below, bidders must use said format and supply said documentation.

• At least 3 years in business

• At least 3 references from similar work

• Must be authorized installer

1.6 DETERMINATION OF RESPONSIBILITY OF BIDDERS

The specific qualifications of bidders for this specific Invitation to Bid are included above. Bidder must also demonstrate that it is responsible as defined in the City of Gainesville’s Pro-01 Procurement Administrative Guidelines, as may be amended.

https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

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As a part of the bid evaluation process, City reserves the right to conduct a background investigation of bidder, including a record check by the Gainesville Police Department if the qualifications require it. Bidder’s submission of a response constitutes acknowledgment of the process and consent to such investigation.

No contract will be awarded to any proposer who is in arrears to City upon any debt, fee, tax or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is otherwise determined to be not responsible by City pursuant to Section C.2.ii, Pro-01 Procurement Administrative Guidelinesl, following:

These criteria consider the bidder’s capability to perform:

a) The ability of the bidder to successfully carry out a proposed contract.

b) Past performance (including reference check), experience, business and financial capabilities, skills, technical organization, legal eligibility and reliability.

c) Current litigation pending between the bidder and the City.

d) Bidder has paid all debts owed to the City.

e) Bidder possesses all required licenses.

If it is determined that the bidder is not responsible, City will notify bidder of its finding, including evidence used, and allow bidder the opportunity to come into compliance within three (3) business days of notification.

Successful Bidder must either update or complete City’s supplier application, pay business tax (if applicable), and register with the State of Florida (www.sunbiz.com) (if required by law).

1.7 RESPONSIVENESS OF BID

Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the RFP.

A responsive proposal is one which follows the requirements of the RFP, includes all required documentation, is submitted in the format outlined in the RFP, is of timely submission (via upload to OpenGov.com), and has the appropriate signatures as required on each document. Failure to comply with these requirements may deem the proposal non-responsive (see C.2.i. of the Pro-01 Procurement Administrative Guidelines).

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]

https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City http://www.sunbiz.com/ https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

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PART 2 – SCOPE OF WORK/SPECIFICATIONS

2.1 GENERAL DESCRIPTION

It is the intent of the City of Gainesville to obtain bid responses to replace the synthetic turf and Pebbleflex- or similar- resilient surfacing at its Depot Park Playground, adjacent to its splashpad. The City would like to have all work completed by 9/30/26.

2.2 SCOPE OF WORK/SPECIFICATIONS

Please see Attachment A, Scopes of Work

2.3 ELIGIBILITY OF EQUIPMENT OR MATERIALS

When a particular manufacturer's name and catalog number “or equivalent” is specified, consideration will be given to other manufacturers. The term “or equivalent” shall be defined to mean of similar design and performance characteristics. If a product is being bid as an equivalent, complete technical data necessary to properly evaluate such product shall be submitted with the bid.

The City reserves the right to request additional data after the bid is opened and prior to the award. Failure to supply data necessary to properly evaluate a product will constitute sufficient reason for rejection of the bid.

All information specifically requested by this Solicitation shall be furnished attached to the bid. Failure to do so may invalidate the bid.

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PART 3 – HOW TO SUBMIT A BID

3.1 HOW TO SUBMIT A BID

The bid response, containing all required documents, with authorized signatures, must be received by 3:00 p.m. on the due date indicated on the Bid Cover Page for this project. The bidder’s complete pdf response must be uploaded to City’s bidding platform prior to the 3:00 p.m. deadline. This platform will not accept late submittals. Required signatures for bid forms may be applied using electronic signature software (i.e., DocuSign, Adobe Sign, etc.).

Upload the bid response as a pdf formatted document only, unless the solicitation states otherwise. The pdf document should be titled with bidder’s name, bid number, and, if the response is submitted in parts, include “Part # of x”.

Modifications to or withdrawal of a bidder’s submittal can be made up to the deadline date. Modifications and withdrawals must be documented in bidding platform in order to be recognized by the City. Any bid not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the City adequate time to award the Contract for the services specified in this solicitation.

3.2 HOW TO ASSEMBLE YOUR BID

The following documents and forms must accompany any offer submitted, and will be the basis for review and award. A submittal without these documents may be deemed non-responsive. The City reserves the right to request all other missing forms and additional information from any bidder prior to award. Please do not include items that are not specifically requested.

• Completed Bid Cover Page

• Bid Form - (Leave no blanks; indicate N/A or No Bid where applicable)

• Drug-Free Workplace Form

• Bidder Verification Form

• Consolidated State Law Affidavit

• Customer History Form (for similar work)

• Bidder’s W-9

• Proof of Bidder’s Insurability (refer to Part 7, 7. Insurance)

• Copy of any applicable, current licenses and/or certification required by City/County/State

• Documentation of Compliance with Minimum Qualifications

• Exceptions to the ITB (refer to Part 6, 6.2 Deviations)

The bid response must be signed by an officer of the business who is legally authorized to enter into a contractual relationship in the name of the bidder. An authorized representative who is not an officer may sign the response, but must attach a corporate resolution granting authorization to the representative to execute on behalf of the business.

The submittal of a response by a bidder will be considered by the City as constituting an offer by the bidder to perform the required services at the stated fees.

3.3 DISCLOSURE AND CONFIDENTIALITY

Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public record’s request. Exemptions are found in various provisions of the Florida Statutes, including but not limited to Section 119.071, Florida Statutes (General exemptions from inspection or copying of public records), and Section 119.0713, Florida Statutes (Local government agency exemptions from inspection or copying of public records). Section 815.045, Florida Statutes (Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes (Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public disclosure pursuant to the Public Records Law may in fact not be deemed such by a court of law. Accordingly, the following provisions shall apply:

(i) Identifying Trade Secret or Otherwise Confidential and Exempt Information. For any records or portions thereof that bidder claims to be Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, bidder shall:

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a. Specifically identify the records or specific portions thereof that are confidential and exempt and reference the particular Florida Statute that grants such status. Provide one redacted copy of the record and one copy of the record with the confidential and exempt information highlighted as outlined in 1 and 2 on the following page.

Bidder shall take care to redact only the confidential and exempt information within a record.

b. Provide an affidavit or similar type of evidence that describes and supports the basis for Contractor’s claim that the information is confidential and exempt from public disclosure.

(ii) Request for Trade Secret or Otherwise Confidential and Exempt Information.

a. In the event City receives a public records request for a record with information labeled by bidder as Trade Secret or otherwise as confidential and exempt, City will provide the public record requester with the redacted copy of the record and will notify bidder of the public records request.

b. However and notwithstanding the above, in the event that City in its sole discretion finds no basis for bidder’s claim that certain information is Trade Secret or otherwise confidential and exempt under Florida’s Public Records Law, then City shall notify bidder in writing of such conclusion and provide bidder a reasonable amount of time to file for declaratory action requesting a court of law to deem the requested information as Trade Secret or otherwise as confidential and exempt under Florida’s Public Records Law. If bidder fails to file for declaratory action within the reasonable amount of time provided, then City will disclose the information requested.

c. If a public records lawsuit is filed against CITY requesting public disclosure of the information labeled by bidder as Trade Secret or otherwise as confidential and exempt, CITY shall notify bidder and bidder shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s Public Records Law.

d. Bidder hereby indemnifies and holds CITY, its officers and employees harmless from any and all liabilities, damages, losses, and costs of any kind and nature, including but not limited to attorney’s fees, that arise from or are in any way connected with bidder’s claim that any information it provided to CITY is Trade Secret or otherwise confidential and exempt from public disclosure under Florida’s Public Records Law.

How to Designate Trade Secret or Otherwise Confidential and Exempt Information If a bidder believes that its response contains trade secret or otherwise confidential and exempt information (as defined by Florida or Federal law) and should be withheld from disclosure to the public, in such cases the bidder must provide a redacted copy of the proposal for public access.

• Redacted means that the confidential/proprietary information in the proposal has been obscured so that it cannot be read.

• Unredacted means that the entire document, including the confidential/proprietary information, has not be obscured and is visible for the evaluation team to use in their evaluation process.

1. Upload a pdf version response of the complete UNREDACTED proposal. Include “UNREDACTED, CONFIDENTIAL” in document title. This is the version that will be used by the evaluators when they are reviewing your proposal. It is essential that the items that will be redacted are highlighted in yellow to prevent the evaluation team from discussing these items after the award. The first page of the document for the unredacted document should provide a general description of the information bidder has designated as confidential and/or exempt, and provide a reference to the appropriate Florida or Federal statute supporting the confidential and/or exempt classification.

2. Upload a pdf version response of the REDACTED copy of the proposal. Include “REDACTED” in the document title.

This copy will be used to support any public records requests that may arise from this solicitation.

How the City will Handle Material Identified as Trade Secret or Otherwise Confidential and Exempt Information The City’s evaluators will be provided with the complete proposal, including any trade secret or otherwise confidential and exempt information. The City evaluators will maintain the confidentiality of the information through the evaluation process, including any recorded evaluation team meetings.

In the event a public record request is made to view the information which bidder claims is confidential and/or exempt, the City will notify the bidder and give the bidder a reasonable opportunity (generally 2 business days) to institute appropriate legal action to prevent the disclosure of the information claimed as confidential and/or exempt.

All public records submitted to the City, including those claimed as confidential and/or exempt, will be retained by the City and will not be returned to a bidder at the conclusion of the bidding process.

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3.4 ONLY ONE BID

Only one bid from any individual, firm, corporation, organization or agency under the same or different name shall be considered. Should it appear to the City that any bidder has a financial interest in more than one submission under this bid, all bids in which such bidder has a financial interest will be rejected. A subcontractor is permitted to appear in more than one submittal for the same bid, as long as the subcontractor is not a lead bidder in any of the submittals. The City considers a financial interest to include, but not be limited, to joint ventures and, partnerships.

3.5 FULLY INFORMED BIDDER

A Bidder is expected to fully inform itself as to the requirements of the Specifications and Contract terms and conditions; failure to do so will be at its own risk. A Bidder shall not expect to secure relief on the plea of error.

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PART 4 – BID PRICES

4.1 BID PRICES

Please see Attachment B, Price Form

Note: THE PRICES SET FORTH BY BIDDER SHALL BE CONSIDERED FIRM BIDS NOT SUBJECT TO PRICE

ADJUSTMENT UNLESS BIDDER’S PROVISIONS FOR PRICE ESCALATION ARE STATED ON A

SEPARATE SHEET ATTACHED TO THE BID.

Note: THE CITY RESERVES THE RIGHT TO AWARD THIS BID ON THE BASIS OF EACH LINE INDIVIDUALLY, ANY COMBINATION OF LINE ITEMS OR ALL LINE ITEMS COMBINED AS IT DETERMINES TO BE IN

ITS BEST INTEREST. THE CITY RESERVES THE RIGHT TO NOT AWARD ANY LINE ITEM AS IT

DETERMINES TO BE IN ITS BEST INTEREST.

4.2 INTENTIONALLY LEFT BLANK

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PART 5 – AWARD

5.1 AWARD OF CONTRACT

The awards of a contract and/or purchase shall be to the lowest responsive, responsible bidder.

A responsive bidder is one that provides all requested information, certifications, product information and pricing. A responsible bidder is one that has demonstrated through the past performance and the requested documentation that they have the resources and financial capability to provide the products/services identified by the City via this Invitation to Bid.

The City may reject a bid based upon past performance of a bidder. In determining the lowest responsive, responsible bidder the City will consider, but not be limited to, the items listed below:

• Price,

• The ability of the bidder to successfully carry out a proposed contract,

• Past performance (including reference checks), experience, business and financial capabilities, skills, technical organization, legal eligibility and reliability,

• Current litigation pending between bidder and City,

• All debts owed to City have been paid,

• Bidder has all required licenses,

• Bidder is authorized to do business in Florida, if required by law (registered in SunBiz),

• The number and scope of conditions and/or exceptions attached to the bid, The City reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any Bidder to perform the work. If, after the investigation, the evidence of competency and financial ability is not satisfactory, the City reserves the right to reject the bid.

In the event the successful Bidder fails to execute the Contract, the City may then accept the bid of the next lowest responsive, responsible bidder or re-advertise the bid. If the bid of the next best Bidder is accepted, this acceptance shall bind such Bidder as though he were the original successful Bidder. City reserves the right to pursue such remedies as provided by law for Bidder’s failure to execute the Contract.

The City of Gainesville reserves the right to accept or reject any or all bids, reserves the right to waive any or all irregularities, and to award the contract to the lowest, responsive and responsible Bidder whose bid is determined by the City to be in its best interest.

Successful Bidder must either update or complete City’s supplier application, pay business tax (if applicable), and register with the State of Florida (www.sunbiz.org) (if required by law).

5.2 TIE BIDS

Whenever two or more bids which are equal with respect to price, quality and service are received, preference shall be given in the following order: (1) Bidders submitting the attached Drug-Free Workplace form with their bid/proposal certifying they have a drug free workplace in accordance with Section 287.087, Florida Statutes; (2) Bidders located within the City of Gainesville, if not subject to the Local Preference Ordinance; (3) Bidders located within Alachua County; (4) Bidders located within the State of Florida; and (5) coin toss.

5.3 DRUG-FREE WORKPLACE

Preference shall be given to submitters providing a certification with their qualifications certifying they have a drug-free workplace whenever two or more bids which are equal with respect to price, quality, and service are received in accordance with Section 287.087, Florida Statutes. The attached form should be filled out and returned with the qualifications in order to qualify for this preference.

5.4 CONTRACT

The Contract to be entered into will designate the successful bidder as the City’s Contractor. The terms and conditions in the Sample Contract, Part 7, shall be applicable and binding. The successful bidder will be required to execute an agreement with the City in substantially the same format as found in Part 7.

http://www.sunbiz.org/

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5.5 BID PROTEST

Participants in this solicitation may protest the ITB specifications or award in accordance with C.5.i. of the Pro-01 Procurement Administrative Guidelines.

5.6 ITB POSTPONEMENT/CANCELLATION/WAIVER OF IRREGULARITIES

The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this ITB;

postpone or cancel, at any time, this ITB process; or waive any irregularities in this ITB or in the bid responses received as a result of this ITB.

https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

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PART 6 – GENERAL INFORMATION

6.1 REIMBURSABLES

When cost estimating travel, the City’s travel policy allows for Coach air travel only. In addition, long distance phone calls, printing, and other administrative costs may be billed at cost only – no mark-up). Evidence of these expenditures will be submitted when invoicing the City.

6.2 PURCHASES BY OTHER AGENCIES (“PIGGYBACKING”)

All bidders submitting a response to this solicitation agree that such response also constitutes a bid to all state agencies, municipalities and political subdivisions of the state of Florida under the same terms and conditions, for the same prices and the same effective period as this bid, should the bidder deem it in the best interest of its business to do so. This provision in no way restricts or interferes with any state agency, municipality or political subdivision to rebid any or all items.

6.3 DEVIATIONS

Any deviation from the specifications must be explained in detail on sheets attached to the Bid Form and labeled “Clarifications and Exceptions”, and each deviation must be itemized by number and must specifically refer to the applicable specification paragraph and page. Otherwise, it will be considered that items offered are in strict compliance with these Specifications and the successful bidder will be held responsible for meeting the Specifications. If bidder wishes its Standard Terms and Conditions to be considered as part of its bid, such terms and conditions must be made part of the “Clarifications and Exceptions”. The City reserves the following rights: to waive clarifications and exceptions in awarding the bid in the best interest of the City; to accept or reject any or all bids; to waive any or all irregularities; and to award the contract to the most responsive responsible bidder whose bid is determined by the City to be in its best interest.

6.4 ACCEPTANCE OF TERMS

Acceptance of the Contract, Specifications, terms and conditions is a mandatory aspect of being considered responsive. Bidders wanting to challenge any of the Contract, Specifications, terms and conditions or question alternatives to any Specifications listed herein must do so in writing prior to the deadline for submitting questions. If the City does not authorize a change prior to bid closing via addendum, the Contract, Specifications and terms and conditions stand; any counter-proposal on Contract, Specifications, or terms and conditions, will be rejected, as will the bid.

6.5 BIDDER’S DECLARATION AND UNDERSTANDING

The bidder, declares that the only person or parties interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the City, and that the Bid is made without any connection or collusion with any person submitting another Bid on this contract.

The bidder further declares that no City Commissioner, other City officer, or City employee directly or indirectly owns more than five (5) percent of the total assets or capital stock of the bidding entity, nor will directly or indirectly benefit by more than five (5) percent from the profits or emoluments of this contract. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.)

The bidder further declares that it has carefully examined the Specifications and that this Bid is made according to the provisions and under the terms of the Specifications, which Specifications are hereby made a part of this Bid. Bidder further declares that any deviation from the specifications are explained on separate sheets labeled Clarifications and Exceptions attached to this Bid Form and that each deviation is itemized by number and specifically refers to the applicable specification paragraph and page.

6.6 LOCAL PREFERENCE

In bidding of, or letting contracts for procurement of, supplies, materials, equipment and services, as described in the purchasing policies, the city commission, or other purchasing authority, may give a preference to local businesses in making such purchase or awarding such contract in an amount not to exceed five percent of the local business' total bid price, and in any event the cost differential should not exceed $25,000.00. Total bid price shall include not only the base bid price but also all alterations to that base bid price resulting from alternates which were both part of the bid and actually purchased and awarded by the City Commission or other authority. In the case of requests for proposals, letter of interest, best evaluated bids, qualifications or other solicitations and competitive negotiation and selection in which objective factors are used to evaluate the responses. Local Businesses are assigned five (5) percent of the total points of the total evaluation points.

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Local business means the vendor has a valid business tax receipt, issued by the City of Gainesville at least six months prior to bid or proposal opening date, to do business in said locality that authorizes the business to provide the goods, services, or construction to be purchased, and a physical business address located within the limits of said locality, in an area zoned for the conduct of such business, from which the vendor operates or performs business on a day-to-day basis. Post office boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In order to be eligible for local preference, in the Bid or RFP evaluation, the vendor must provide a copy of the business tax receipt and Zoning Compliance Permit. The business tax receipt must be issued at least six months prior to bid or proposal opening date. For more information on City’s Local Preference Policy: Municipal Code Article X Local Preference Policy.

6.7 SMALL AND SERVICE-DISABLED VETERAN BUSINESS CERTIFIED BY THE CITY OF

GAINESVILLE

Small or Service-Disabled Veteran’s Business Enterprise Definition: A Small Business or a Service-Disabled Veteran’s Business, which is duly licensed and authorized to engage in business and maintains a permanent principal place of operation with full time personnel within Alachua, Bradford, Columbia, Gilchrist, Levy, Putnam, or Union County and possess a current City business tax receipt as required, and is so certified by the Small and Service-Disabled Veteran’s Business Program Coordinator.

It is the policy of the City of Gainesville that small and service-disabled veteran businesses as defined in the Small and Service- Disabled Veteran Business Program, have the maximum practical opportunity to participate in contracting opportunities provided by the City. In keeping with this policy, each bidder is asked to state whether it will utilize small and service-disabled veteran businesses that are eligible for assistance to perform work on the project(s) being advertised.

For bidders not yet certified by the City, a small and service-disabled veteran application may be accessed via the Diversity Business Management System website. To be considered as a certified small and/or service-disabled veteran business, a bidder must have a current certificate at the time of the solicitation submittal due date. For more information on certified small and service-disabled veteran businesses, please visit the Office of Equity and Inclusion website.

6.8 LIVING WAGE REQUIREMENTS

Living Wage requirements, Ordinance 020663, as amended in Ordinance 030168, and in Ordinance 180999, and as shown on the City’s web page, applies to contracts solicited by the City after midnight on March 31, 2021.

Section 2-619. – Living Wage Requirements.

(a) The following are requirements of each service contractor/subcontractor:

(1) A service contract or/subcontractor shall pay a living wage to each of its covered employees during the time they are providing the covered services.

(2) A copy of the living wage rate shall be posted by the service contractor/subcontractor in a prominent place where it can easily be seen by the covered employees and shall be supplied to any covered employee upon request.

(3) Each service contractor shall make all of its service subcontractors aware of the requirements of this division and shall include the contract provisions listed in the Sample Contract under the Living Wage paragraph in each of its service subcontracts to ensure compliance with this article. The city shall not be deemed a necessary or indispensable party in any litigation between the service contractor and a subcontractor.

(4) A service contractor/subcontractor shall not discharge, reduce the compensation of, or otherwise retaliate against any covered employee for filing a complaint, participating in any proceedings or otherwise asserting the requirement to pay a living wage under this division. A covered employee who claims their employer has not paid them a living wage as required by this division may file a written com plaint with the city.

(5) Each service contractor/subcontractor shall produce payroll records, and any other requested documentation to the city as necessary for the city to audit or investigate compliance with or a reported violation of this division.

The City’s current adjusted Living Wage Rates (Wage with Health Benefits OR Wage without Health Benefits) are available here. The living wage for this contract will increase annually on the anniversary date of the contract at the City’s prevailing living wage rate, which is updated October 1 each year.

6.9 DEBARMENT, SUSPENSION, OTHERWISE EXCLUDED

By submitting this bid response, bidder agrees that it:

https://library.municode.com/fl/gainesville/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTXLOPRPO_S2-622LOPRPUCO https://cityofgainesville.diversitycompliance.com/ https://cityofgainesville.diversitycompliance.com/ https://www.gainesvillefl.gov/Government-Pages/Government/Office-of-Equity-and-Inclusion https://www.gainesvillefl.gov/files/assets/public/budget-amp-finance/documents/living-wage-ordinance-original-and-modified-oct-2022.pdf https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

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• Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

• Has not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements or receiving stolen property;

• Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission or any of the offenses enumerated in paragraph (2) of this certification; and

• Has not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

6.10 PUBLIC ENTITY CRIME INFORMATION STATEMENT

For your information, Section 287.133 (2)(a) , Florida Statutes, contains the following provisions: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

6.11 INVESTIGATION OF ALLEGED WRONGDOINGS, LITIGATION/

SETTLEMENTS/FINES/PENALTIES

The City Commission specifically requests that responders to this document indicate in writing any investigations of wrongdoings, litigation and/or settlements, and fines or penalties (anywhere in the U.S) involving the bidder and specific contractors listed as projected to provide services to the City. You may be required to respond to questions on this subject matter.

6.12 TAXES, CHARGES AND FEES

The Bidder agrees that any applicable Federal, State and Local sales and use taxes, which are to be paid by City of Gainesville, are included in the stated bid prices. Since the City of Gainesville is often exempt from taxes for equipment, materials and services, it is the responsibility of the Contractor to determine whether sales taxes are applicable. The Contractor is liable for any applicable taxes which are not included in the stated bid prices.

6.13 COSTS INCURRED BY BIDDERS

All expenses involved with the preparation and submission of bid responses to the City, or any work performed in connection therewith shall be borne by the bidder(s). No payment will be made for any responses received, nor for any other effort required of or made by the bidder(s) prior to commencement of work as defined by a contract approved by the City Commission (if so required).

6.14 RULES; REGULATIONS; LICENSING REQUIREMENT

The bidder shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Bidders are presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the services offered.

6.15 NON-DISCRIMINATION POLICY AND COMMERCIAL NON-DISCRIMINATION REQUIREMENT

As a condition of entering into this agreement, the company represents and warrants that it will comply with Title VI and Title VII of the Civil Rights Act of 1964 and all other federal, state or local laws prohibiting discrimination. The company shall not discriminate on the basis of race, color, religion, gender, national origin, marital status, sexual orientation, age, disability or gender identity, or other unlawful forms of discrimination in the solicitation, selection, hiring, commercial treatment of subcontractors, vendors, suppliers or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination.

The City reserves the right to investigate any claims of illegal discrimination by the Contractor and in the event a finding of discrimination is made and upon written notification thereof, the Contractor shall take all necessary steps to cure and rectify such action to the reasonable satisfaction of the City. The company understands and agrees that a violation of this clause shall

E-Bidding Document - ITB - Services - Page 15 of 34 be considered a material breach of this agreement and may result in termination of this agreement, disqualification of the company from participating in City contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

For more information on this policy and requirement, please visit the Office of Equity and Inclusion.

6.16 E-VERIFY REQUIREMENT

Section 448.095, Florida Statute states the statute shall be construed in a manner so as to be fully consistent with any applicable federal laws or regulations. The Contractor shall (1) utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract; and (2) shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.

Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Alternatively, Contractor shall provide proof that one of the exceptions to the E-Verify federal contractor rule applies.

6.17 PROHIBITION REGARDING FOREIGN COUNTRIES OF CONCERN

Section 287.138(4)(a), F.S., and subsection (4)(a) states that beginning 1/1/24 a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into a contract with an entity which would give the entity access to an individual’s personal identifying information unless the entity provides an affidavit that it does not meet any of the criteria in par. (2)(a)-(c).

6.18 INTERNATIONAL PROPOSER REQUIREMENTS

The City is unable to send ACH payments to international banks. Therefore, ACH payments will only be made to U.S.A. banks.

Additionally, the international company must be from a country that has a tax treaty with the U.S.A. International proposers must agree to these requirements and provide proof of same should they receive an award recommendation.

6.19 PROHIBITION AGAINST CONSIDERATION OF SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

In accordance with Section 287.05701(2)(a), F.S. (2023), the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor, and may not give preference to a vendor based on the vendor's social, political, or ideological interests.

6.20 INTENTIONALLY LEFT BLANK

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] `

https://www.gainesvillefl.gov/Government-Pages/Government/Office-of-Equity-and-Inclusion

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PART 7 – SAMPLE CONTRACT

THIS CONTRACT (“Contract”) is entered into and enforceable as of the last signature date affixed hereto (“Effective Date”) by and between the CITY OF GAINESVILLE, a Florida municipal corporation (“City”), and ______________________________________________, [corporate type and state registration status] (“Contractor”), whose registered principal address is _________________________________, individually referred to as “Party” or collectively as “Parties.”

WHEREAS, [clauses that briefly describe project and history of project (if applicable)].

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the Parties agree as follows:

1. TERM. The term of this Contract will begin on [the Effective Date OR another specific date] (“Term Begin Date”) and shall expire [number of days/months after Term Begin Date OR another specific date], unless earlier terminated pursuant to this Contract. The term of this Contract may be extended for [permissible extensions; example: three additional one-year periods], upon mutual agreement of the Parties.

2. SCOPE OF SERVICES; CONTRACT DOCUMENTS. Contractor shall [briefly summarize], as described in the following documents that are hereby incorporated by reference (collectively the “Contract Documents” or simply “Contract”):

[If the following documents are attached, then for each specify “attached hereto and incorporated as Exhibit __.”]

a. This Contract.

b. [Addendums/amendments to solicitation documents, identify by title, number, and date, and list in order of most recent].

c. [Solicitation documents, identified by title, number, and date].

d. [Contractor’s Quote/Proposal/Response, identified by title, number, and date].

The Contract Documents constitute the entire contract between the City and Contractor. In the event of conflict or inconsistency between the Contract Documents, the order of precedence for interpretation shall be the order in which the Contract Documents are listed above. Conflict or inconsistency within a particular contract document shall be resolved by having the more specific reference to the matter prevail.

3. GOODS DELIVERY SCHEDULE. For any goods provided by Contractor to City pursuant to this Contract, the following provisions apply:

a. Delivery Schedule. The delivery schedule is hereby defined as the period which will elapse between receipt of a purchase order and the arrival of the materials or equipment at the designated point of delivery. Meeting specified delivery schedules is of the essence of this Contract and is a significant part of the performance of the Contract. Failure to meet such schedules may result in termination of the Contract as provided in this Contract.

b. Delivery Location. The Contractor shall deliver all materials or equipment F.O.B. Gainesville, Florida.

c. Delay. Notwithstanding the delivery schedule, the City shall have the right to delay the delivery for up to three months as necessary or desirable and such delay shall not be deemed a breach of contract, but the delivery schedule shall be extended for a period equivalent to the time lost by reason of the City's delay. If the project for which the delivery is required is stopped or delayed for more than three months, either in whole or in substantial part, and either the City

E-Bidding Document - ITB - Services - Page 17 of 34 or Contractor elects to terminate this Contract because of such delay, and if such stoppage or delay is due to actions taken by the City within its control, Contractor’s sole remedy under the Contract will be reimbursement for costs reasonably expended in preparation for or in performance of the work to the date of termination.

4. CONTRACTOR’S ASSURANCES. Contractor covenants, represents, and warrants to the City that the following are true and correct in all material respects:

[Include here any warranties the City requires from Contractor that are not already provided for in the solicitation documents.]

a. Contractor shall timely fulfill all the conditions of this Contract that are in the control of…